Appointment of New Trustee by continuing Trustees in pursuance of a Power in a Deed of Charitable Trust
Deed of appointment made this 30th day of November 1999 between AB son of …………………. of ………………. and CD son of ………………… of ………………. (continuing trustee) of the first part, EF son of …………….. of …………… ((retiring trustee) of the second part and GH son of …….…………..… of ……..…………… (new trustee) of the third part:
Whereas by a Deed of Trust dated the …………… day of …………. 1999 and made between XY son of ………… of ………… of the One Part and the said AB, CD and EF of the Other Part, and registered in Book I, vol ……….. pages …….. being No. ……….. for the year ……… in the office of the Sub-Registrar of …………. the said XY granted, transferred and assured unto and to the use of the said AB, CD and EF the lands, houses, securities and moneys described in the First Schedule hereto to have and to hold the same in trust for the objects thereunder indicated and whereas the said Deed of Trust is still in force and virtue.
And whereas it was provided in the said deed that in case of death of any of the said trustees or should any of them be unwilling to continue and/or desirous of being discharged or refuse to act or become unfit or physically incapable or mentally deficient to act as such trustee as aforesaid, then, and in such an event it shall be lawful for the surviving or continuing trustees or trustee for the time being to appoint any person or persons as the trustee or trustees in the place and stead of the trustee or trustees so dying or desiring to be discharged or refusing to act or becoming unfit or physically incapable or mentally deficient to act as such trustee or trustees in their place and stead.
And whereas it was further provided in the said deed that the number of trustees for the time being shall under no circumstances be less than three or more than five:
And whereas it was furthermore provided in the said Deed of Trust that all the trust estates and premises upon such appointment or appointments being made shall vest in the new trustees or trustee jointly with the surviving or continuing trustees or trustee to all intents and purposes.
And whereas the said EF having been unwilling to act any longer as a trustee of the trusts as aforesaid is desirous of being discharged as testified by his being a party hereto and executing these presents.
And whereas the trust estates and premises now consist of the items described in the Second Schedule hereto:
Now this indenture witnesses that in exercise of all powers and authorities to that effect vested in them under and by virtue of the said Deed of Trust and of all other powers in that behalf enabling them, they the said AB and CD do hereby appoint the said GH as trustee of the said trust in the place and stead of EF to the intent that the said GH shall have the same powers, authorities and discretions and shall in all respects act as if he had been originally nominated a trustee under the said instrument: and this indenture further witnesses that in consideration of such appointment they the said AB, CD and EF do hereby grant, transfer, assign and assure to the said AB, CD and GH all and singular the trust estates and premises described in the Second Schedule hereto; to hold the estate and premises hereby transferred, assigned and assured to the said AB, CD and GH for ever, upon trust and subject to the same powers, terms and provisos applicable thereto by virtue of the said instrument.
And this Indenture furthermore witnesseth that the said AB, CD and EF and each of them so far as it relates to his own acts and omissions doth hereby for himself, his heirs, executors and administrators covenant with the said GH, his heirs and assigns that they the said AB, CD and EF have not done or executed, performed or knowingly suffered to the contrary or been party or privy to any act or thing whereby or by reason or means whereof the estate and premises hereby transferred and assured or any part thereof are or is in any way encumbered or affected in any manner whatsoever or whereby the said AB, CD and EF respectively are in any way prevented from transferring and assuring the said premises or any part thereof in the manner aforesaid.
The First Schedule above referred to
The Second Schedule above referred to
In witness whereof the parties hereto have hereunto set their respective hands and seals the day, year first above-written.
Signed, sealed and delivered by AB, CD, GH, EF in presence of: